Repossessed Car Causes Lawsuit for Violations of the Fair Debt Collection Practices Act |
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A class action lawsuit has been filed in the Middle District Court of Florida against Park Financial of Broward County, Inc. and Attorney Ronald R. Torres for violations of the Fair Debt Collection Practices Act (FDCPA) which prohibits debt collectors from engaging in abusive, deceptive and unfair collection practices and the Florida Consumer Collection Practices Act. Class members seek actual, statutory and punitive damages as well as attorneys' fees and costs.
Specifically, the complaint alleges that the Ruth and Anthony Craig purchased a car from Brandon Hyundai in Hillsborough County, Florida and made some payments on the vehicle. However, they ran into financial difficulties and thought they had worked out an arrangement with Park Financial until their car was repossessed late one night at the end of 2003. They attempted to work out a payment plan with Park, were told that they owed a certain amount for the car, but Park would not tell them how they came up with the figure.
Park Financial sued the Craigs for monies due on the car in October of 2004; however the complaint had many factual discrepancies including where they lived and where they purchased the vehicle. The Craigs now bring suit against Park Financial for abusive, deceptive and unfair collection practices and for knowingly including false information in their complaint in violation of the FDCPA.
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Other Credit / Debt Cases of Interest
On September 21, 2005, the court granted final approval of a settlement in a class action that had been filed against Indiana attorney Bart E. Carroll arising from his actions as a debt collector. The action was on behalf of all person from whom Mr. Carroll attempted to collect a debt at any time since October 8, 2002, but to whom he did not provide a debt validation notice either in the initial contact or within five days of that contact. The action alleged that Mr. Carroll had repeatedly violated the federal Fair Debt Collection Practices Act (FDCPA) in his efforts to collect outstanding debts from consumers. The class has been certified in an action filed against debt collector Corporate Receivables, Inc. on behalf of all persons with Illinois addresses who, on or after September 17, 2001, were sent a letter seeking to collect an amount allegedly owed to Household. The action alleges that Corporate Receivables failed to state clearly the amount of the debt it was seeking to collect in violation of the federal Fair Debt Collection Practices Act.
A national class action has been filed in New York against Central Credit Services, Inc. The action is brought on behalf of all U.S. residents who have been contacted via telephone by Central Credit and who have been allegedly harassed by Central's collection associates. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A class action has been filed in New York against collection specialists, Global Recovery & A/R Associates, Inc. The action is brought on behalf of all New York residents who received alleged misleading "form" type collection letters from Gobal Recovery. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A nationwide class action has been filed in Pennsylvania against mortgage insurance giant, Radian Guaranty. The action is brought on behalf of all U.S. residents who have obtained mortgage insurance from Radian at a less than best rate, and have not been informed that an adverse decision was made against them as a result of utilizing a credit report to set their insurance premium. The action is brought under the federal Fair Credit Reporting Act and seeks actual and statutory damages as well as injunctive and declaratory relief. A class action lawsuit has been filed on behalf of Kansas residents who were the subject of garnishment proceedings initiated by Midwest Checkrite, Inc. The suit alleges that Midwest Checkrite failed to adhere to the requirements of the federal fair debt collection practices act with respect to its garnishment efforts.
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